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Criminal Justice and Court Services Act 2000 (C

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Criminal Justice and Court Services Act 2000 (C Criminal Justice and Court Services Act 2000 (c. 43) 1 SCHEDULE 7 – Minor and consequential amendments Document Generated: 2021-09-07 Status: This version of this part contains provisions that are prospective. Changes to legislation: Criminal Justice and Court Services Act 2000, Part II is up to date with all changes known to be in force on or before 07 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULES SCHEDULE 7 MINOR AND CONSEQUENTIAL AMENDMENTS PART II GENERAL PROSPECTIVE Children and Young Persons Act 1933 (c. 12) 5 In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “ 18 ”. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) 6 In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted— “6. Member of the staff of a local The local probation board or, as the probation board or of two or more local case may be, the local probation boards probation boards established under acting jointly. section 4 of the Criminal Justice and Court Services Act 2000 7. Chief officer of a local probation The Secretary of State.” board established under section 4 of the Criminal Justice and Court Services Act 2000 PROSPECTIVE Prison Act 1952 (c. 52) 7 The Prison Act 1952 is amended as follows. 8 In section 13(2) (legal custody of prisoner), for “section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ section 99 of the M1Powers of Criminal Courts (Sentencing) Act 2000 or section 61 of the Criminal Justice and Court Services Act 2000 ”. 2 Criminal Justice and Court Services Act 2000 (c. 43) SCHEDULE 7 – Minor and consequential amendments Document Generated: 2021-09-07 Status: This version of this part contains provisions that are prospective. Changes to legislation: Criminal Justice and Court Services Act 2000, Part II is up to date with all changes known to be in force on or before 07 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Marginal Citations M1 2000 c. 6. 9 In section 37(4) (closing of prisons), “remand centre” is omitted. 10 In section 43 (remand centres, detention centres and youth custody centres)— (a) in subsection (2)— (i) in paragraph (a), for “21” there is substituted “ 18 ” and “a remand centre or” is omitted, (ii) paragraphs (b) and (c) are omitted, (b) subsection (3) is omitted, (c) in subsection (4), “remand centres” is omitted, (d) subsection (7) is omitted. 11 In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)— (a) in subsection (1) and the sidenote, “remand centres” is omitted, (b) in subsection (5), “remand centre” is omitted. Army Act 1955 (c. 18) 12 The Army Act 1955 is amended as follows. PROSPECTIVE 13 In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”. 14 In section 71(1) (punishments which may be awarded by sentence of a court- martial), after paragraph (bb) there is inserted— “(bc) order that the convicted person be disqualified from working with children”. 15 (1) In section 71A (juveniles)— (a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”, (b) subsections (1A) to (1C) are omitted, (c) in subsection (1D), paragraph (b) and the “and” preceding it are omitted, (d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted, (e) in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”, (f) in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”, (g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted. (2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60. Criminal Justice and Court Services Act 2000 (c. 43) 3 SCHEDULE 7 – Minor and consequential amendments Document Generated: 2021-09-07 Status: This version of this part contains provisions that are prospective. Changes to legislation: Criminal Justice and Court Services Act 2000, Part II is up to date with all changes known to be in force on or before 07 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I1 Sch.7 para.15 partly in force:Sch.7 para.15(1)(e) and (2) comes into force at RA.see s.80(3)(d) PROSPECTIVE 16 In section 71AA (young service offenders: custodial orders)— (a) in subsection (1)— (i) for “twenty-one” (in both places) there is substituted “ eighteen ”, (ii) for paragraph (a) there is substituted— “(a) shall be not less than the period of two months; and”, (b) in subsection (1AA), “aged 17” is omitted, (c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the M2Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”, (d) in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”. Marginal Citations M2 2000 c. 6. PROSPECTIVE 17 In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted. 18 (1) Schedule 5A (powers of court on trial of civilian) is amended as follows. (2) In paragraph 10— (a) in sub-paragraph (1)— (i) for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”, (ii) for paragraph (a) there is substituted— “(a) shall not be less than the period of two months;”, (b) in sub-paragraph (1A), “under 18 years of age” is omitted, (c) in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”, (d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the M3Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”, (e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”. 4 Criminal Justice and Court Services Act 2000 (c. 43) SCHEDULE 7 – Minor and consequential amendments Document Generated: 2021-09-07 Status: This version of this part contains provisions that are prospective. Changes to legislation: Criminal Justice and Court Services Act 2000, Part II is up to date with all changes known to be in force on or before 07 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) In paragraph 15— (a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”, (b) in the table— (i) in the heading to the first column, for “21” there is substituted “ 18 ”, (ii) for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”, (iii) in the second column, “Custody for life” is omitted, (c) in the note following the table— (i) in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”, (ii) in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”. (4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60. Commencement Information I2 Sch.7 para.18 partly in force:Sch.7 para.18(3)(c)(i) and (4) comes into force at RA.see s.80(3)(d) Marginal Citations M3 2000 c. 6. Air Force Act 1955 (c. 19) 19 The Air Force Act 1955 is amended as follows. PROSPECTIVE 20 In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”. 21 In section 71(1) (punishments which may be awarded by sentence of a court- martial), after paragraph (bb) there is inserted— “(bc) order that the convicted person be disqualified from working with children”. 22 (1) In section 71A (juveniles)— (a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”, (b) subsections (1A) to (1C) are omitted, (c) in subsection (1D), paragraph (b) and the “and” preceding it are omitted, (d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted, (e) in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”, (f) in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”, (g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
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